As amended through September 30, 2024
Rule 16 - CONCLUSION OF INVESTIGATION(a) An investigation may be concluded by Counsel referring a matter for Minor Misconduct or other non-disciplinary action, such as the Attorneys & Judges Assistance Program in accordance with RSCH 2.7(b).(b) Preparation and Submission of Investigative File. Upon the conclusion of an Investigation, Counsel shall forward or present the following to a Reviewing Board Member: (i) Counsel's summation of the file;(ii) Relevant portions of the file, including substantive communications received from the Respondent in response to the notice given under DBR 14; and(iii) Counsel's recommendation as to the disposition of the matter by any of the following based on clear and convincing evidence: Dismiss the matter; Dismiss with a letter of caution, with or without violation; Impose a private Informal Admonition; or Institute a Formal Disciplinary Proceeding (c)Deadline for Reviewing Board Member's Review of Investigative File. The Reviewing Board Member shall review and respond to an Investigative File within seven days of receiving the file.(i) The Reviewing Board Member shall return the file within seven days regardless of whether the review has been completed. If the Reviewing Board Member fails to return the file to Counsel within the prescribed time, Counsel shall contact him or her to determine the status of the review of the file.(ii) If the Reviewing Board Member retains the file and fails to complete his or her review within an additional seven days after Counsel's inquiry, Counsel shall notify the Board Chairperson.(d) Non-Disclosure of Identity of Reviewing Board Member. The name of the Reviewing Board Member shall not be disclosed.(e)Non-Disclosure of Counsel's Recommendation. Counsel shall not reveal his or her recommendation to the Complainant or the Respondent. Adopted February 24, 2011, effective 7/1/2011; renumbered February 24, 2011, effective 7/1/2011.